T. Richard Kane

Of Counsel
301 S. College Street, Suite 2900, Charlotte, NC 28202
301 Fayetteville Street, Suite 1900, Raleigh, NC 27601

t: 704.342.5303

f: 704.342.5264

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Rick Kane maintains an active practice in two distinct areas of the law.

In his environmental law and toxic tort practice, Rick has privately advised clients, negotiated on their behalf, and defended their interests in hundreds of matters involving regulation under the Clean Air Act; the Clean Water Act; the Comprehensive Environmental Responsibility, Compensation, and Liability Act (“CERCLA” or “Superfund”); the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the National Environmental Policy Act; and their North Carolina counterpart statutes. His representations have ranged in scope from the air pollution permitting for a substantial expansion of a major national airport to the defense of numerous small businesses against claims of improper hazardous waste disposal. He successfully negotiated the resolution of US EPA’s claims against a local dry-cleaner as part of the nationally publicized Camp LeJeune contaminated drinking water matter, and obtained a dismissal of a subsequent civil action brought by private parties against his client in that matter. He obtained a defense verdict the first North Carolina lawsuit alleging the infliction of severe adverse health effects through the inhalation of endotoxins associated with poultry production.

In his “lawyer law” practice, Rick defends attorneys against claims of legal malpractice. He also regularly represents North Carolina lawyers in proceedings before the North Carolina State Bar on allegations of ethical violations, as well as lawyers from other jurisdictions against claims of unauthorized practice in North Carolina. He handles, in addition, disputes concerning law firm break-ups and professional negligence insurance coverage.

Representative Experience

Hampton v. Lawyer A, 789 S.E.2d 478 (N.C. App. 2016): Summary judgment affirmed for lawyer who acted upon client’s request for plea bargain in lieu of trial in case where alleged victim later recanted.

Fuhs v. Fuhs, 782 S.E.2d 385, disc. review denied, 787 S.E.2d 25 (2016): Summary judgment affirmed on claims of malicious prosecution, abuse of process, infliction of emotional distress, and defamation against lawyer litigating domestic violence case who filed without additional investigation client’s sworn claim of spouse’s child abuse.

N.C. State Bar v. Attorney B, (Disciplinary Hearing Commission 2016): reduction of State Bar’s settlement demand from active suspension to reprimand during conduct of discovery.

Matter of Attorney C (N.C. State Bar Grievance Committee 2016): successful resolution of grievance in non-public discipline for lawyer who failed to supervise staff in monthly and quarterly reconciliation of private needs trust, enabling employee theft of entrusted funds.

Matter of Candidate E (Board of Law Examiners 2014): representation of candidate for admission to Bar in successful appearance at character and fitness hearing.

Matter of Attorney D (N.C. State Bar Grievance Committee 2013 -2014): successful diversion of allegation of attorney trust account misfeasance to State Bar Trust Account Supervisory Program and eventual dissolution of preliminary injunction against client attorney.

read all representative experience
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I understand and agree that Poyner Spruill LLP will have no obligation to keep confidential the information that I am now sending to the firm.